Nallen v. Helmsley-Spear, Inc

In Nallen v. Helmsley-Spear, Inc. (50 NY2d 507) in addressing the scope of a landowner's duty with respect to the criminal conduct of a third-party on the property, the court held, as follows: Of course, a possessor of land, whether he be a landowner or a leaseholder, is not an insurer of the victim's safety. Thus, even where there is an extensive history of criminal conduct on the premises, the possessor cannot be held to a duty to take protective measures unless it is shown that he either knows or has reason to know from past experience "that there is a likelihood of conduct on the part of third persons ... which is likely to endanger the safety of the visitor" (Restatement, Torts 2d, s 344, Comment f). Only if such conditions are met may the possessor of land be obligated to "take precautions ... and to provide a reasonably sufficient number of servants to afford a reasonable protection".